LEGAL PRINCIPLE: APPELLATE PRACTICE — Delegation of Powers — Statutory Delegation to Convene Court Martial — Appropriate Superior Authority
PRINCIPLE STATEMENT
Section 131(3) of the Armed Forces Decree deals with delegation of power to convene a court martial. Relevant and related provisions must be read together and considered as a whole.
RATIO DECIDENDI (SOURCE)
Per Kalgo, JSC, in State v. Olatunji (2003) NLC-2062001(SC) at p. 8; Paras A–C.
"The fact that S. 131(2) is specific on who may convene a G.C.M. does not exclude the possibility of a provision in the same law allowing a delegation of the power to convene a G.C.M. to any person or body. Therefore while interpreting the provisions of S. 131(2), any other provisions in the same law relevant and related to the powers exercisable under S. 131(2) must be read together and be considered as a whole. … Section 131(3) of A.F.D. is related and very relevant to S. 131(2). … This subsection no doubt deals with the question of delegation of the power to convene a court martial."
EXPLANATION / SCOPE
Statutory delegation of power to convene a court martial is permissible under section 131(3). The principle applies to military law. Related provisions must be read together. The rule allows delegation by appropriate authority. The court will interpret statutes harmoniously. The principle is well-established.